Smith v. State

The defendants were convicted of burglary. One Ad O’Rear had been convicted of burglarizing a certain storehouse and of taking therefrom a certain pistol and some money. At a subsequent term of the court the present plaintiffs in error were in-dieted, and at their trial O’Rear testified that they entered the store while he watched. Naturally the ease turned upon whether there was a sufficiency of corroborating circumstances to dispense with another witness. We are of the opinion that the circumstances relied upon by the State are insufficient, when taken by themselves, to lead to the…